The Department of Justice (DOJ) said on Thursday it will ask a federal appeals court to block former President Trump’s deposition in a lawsuit brought by two former FBI employees who claim they were unfairly targeted for their work investigating the former president’s ties to Russia.
The government said it plans to seek a rare writ of mandamus from the appeals court, unless U.S. District Judge Amy Berman reconsiders its request that FBI Director Christopher Wray sit for his deposition first, according to a new court filing.
Jackson ordered Trump and Wray to sit for depositions in the case in February. However, the Justice Department argued Wray should be deposed first, in case his deposition removes the need to question the former president under oath.
“As the Court itself acknowledged, Director Wray’s testimony could obviate the need for any deposition of former President Trump,” the filing said.
If Berman declines to reconsider the ruling, the DOJ said it will ask the appeals court to block Trump’s deposition and requested the judge stay his deposition in the meantime.
The DOJ’s latest filing comes in the case brought by former FBI agent Peter Strzok and former FBI attorney Lisa Page. Strzok was fired and Page resigned from the bureau in 2018, after text messages emerged that showed the two making critical comments about Trump.